McAndrews, Held & Malloy

			Back to Profiles
	Timothy J. Malloy Chair and Shareholder Email. tmalloy@mcandrews-ip.com Tel. (312) 775-8000 Practice Areas Trial Lawyer for Technology Litigation in Intellectual Property, Patents, Contracts, and Antitrust. Education University of Notre Dame, B.S.E.E. University of Notre Dame, J.D. Bar Admissions Admitted to practice in Illinois. Member of the bars of the U.S. District Court for the Northern District of Illinois and many others, United States Supreme Court, United States Court of Appeals for the Federal Circuit and many others. Registered to practice before the U.S. Patent and Trademark Office. Professional Experience Since being admitted to practice, Mr. Malloy focuses on litigation of patents and other IP matters. He has been lead counsel in many jury trials, bench trials, arbitrations, and mediations throughout the country. Verdicts, Awards and Settlements He has obtained numerous multi-million dollar verdicts, awards, and settlements as lead trial counsel ($166,000,000; $100,000,000; $10,000,000; $9,500,000; $6,000,000; $4,000,000; $2,000,000). He represents defendants as well and has obtained jury verdicts and bench decisions of no liability, invalidity, noninfringement, and unenforceability. Milestone Cases Obtained a $166 million damage award (Advanced Cardiovascular Systems, Inc. v. Medtronic, Inc.) listed in the TOP TEN IP DAMAGE AWARDS FOR ALL TIME (Intellectual Property Today, March 2003, p. 43) Prepared and argued before the Supreme Court the case of Eli Lilly and Co. v. Medtronic, Inc., 496 U.S. 661, 15 U.S.P.Q.2d 1121 (U.S. 1990) involving patent protection for medical devices. Obtained award of $5 million in attorneys fees under the "exceptional case" statute for improper claim construction and preliminary injunction arguments in ICU Medical, Inc. v. Alaris Medical Sys., Inc., 558 F.3d 1368 (Fed. Cir. Mar. 13, 2009). Accolades Judges, arbitrators, mediators, and clients have commented as follows on his trial skills: "I have sat through an unbelievable number of trials, not quite so many arbitrations and the level of professionalism and the advocacy in this case has been exceptional in my judgment." (Over $166,000,000 award for Mr. Malloy's client) (Senior Arbitrator) "It's not often that jurors get to see the very talented internationally known lawyers you have had the chance to witness in this trial." (Jury verdict for Mr. Malloy's client) (District Court) "Your presentation at the mediation was first rate. You are a very clear communicator." (Mediator) "My personal congratulations to you and the rest of your team for the outstanding results…." (CEO) "I am hard pressed to extend enough positive comments on the performance of the team…." (General Counsel) "The best patent trial lawyer I've ever known." (General Counsel) "Our settlement was premised on a lot of fine lawyering by you and your team." (General Counsel) "GREAT JOB. One of the best prepared presentations that I have ever seen." (Assistant General Counsel) "Wow—what can I say, outstanding all around. It would be an understatement to say that these results are exceptional." (General Counsel) "They're very good advocates." (Opposing Counsel) "Oh, they are good." (The Court) Publications and Lectures Widely published on such diverse subjects as cost control of patent litigation, claim interpretation, the function and aesthetics of courtroom design, and improvements in arbitration procedures (e.g., PLI Course Handbook, New York Bar Journal, Intellectual Property Today, the Sedona Conference on IP, and Metropolitan Corporate Counsel). Lectured on trial techniques for jury trials in patent cases to the Federal Circuit Bar Association. Named to the Editorial Advisory Board for MX Magazine. Honors Elected to the National Register of Who's Who and Stratmore's Who's Who. Named "one of Illinois 100 SUPER LAWYERS in any category," chosen as a Member of The Top Lawyers-Leading Lawyers Network, featured in both the 2003 and 2005 editions of Euromoney Legal Media Group's Guide to the World's Leading Patent Law Experts. "Selected for Best Lawyers in America" for 2007 and "highly recommended" in the PLC WhichLawyer Handbook, 2008, p. 1270. Listed by 2010 Chambers USA as one of the top IP trial lawyers in Illinois and characterized as an "outstanding trial lawyer." Most recetly selected in The International Who's Who of Patent Lawyers 2010. Master in The Richard Linn American Inn of Court and is now on the Board of Advisors for Best Lawyers. Publications Solving Hobson's Choice: Suggested Changes To Willfulness Law In The Wake of Knorr-Bremse And EchoStar View File MX Magazine - September 2006 View File Supreme Court Predictions - IPO 2006 Annual Meeting View File Intellectual Property Today, March 2003 View File A Modified Jury Trial Schedule: A Win-Win-Win Situation View File Intellectual Property Disputes and Arbitration View File An Alternative for Righting the Wrongs of an Arbitration Panel in IP Disputes View File Organization, Vendor Support, and Cost Control View File Back to Top